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Can a mortgage be transferred to another person’s name?

The mortgage loan can be transferred to another person's name after agreement between the party concerned and the bank. A housing loan contract established in accordance with the law is protected by law. The parties must fully perform the agreed obligations in accordance with the stipulations of the contract. The borrower may not be changed without consensus without consultation. To change the borrower, you must apply to the lending bank for change procedures one month in advance to obtain a loan. OK agree.

The borrower needs to apply to the original lending bank to transfer the personal housing loan mortgaged to the bank, that is, to change the loan period, change the borrower, etc. The house seller submits relevant applications to the bank that issues the mortgage and waits for the bank's approval;

After the bank's review, the bank, the house seller and the new house buyer sign an agreement, and the bank agrees to the house seller's transfer of the house, and the house buyer commits Prioritize the sale proceeds to repay bank loans and authorize the bank to directly deduct the outstanding principal and interest of the loan from the account opened at the bank. The home buyer promises to transfer the house proceeds to the sales account at the time of transaction. The house owner has an account opened at the bank;

The house seller and the house buyer sign a housing transfer contract; the house buyer submits a new loan application to the bank, and the calculation formula is: loan amount = market price of the house purchased Price × second-hand loan percentage. Generally, the loan amount for residential remortgage is about 70% of the house price. If there is a guarantee, it may be higher. The loan amount for shops is about 50%, for office buildings it is roughly 60%, and for factories it is up to 50%. into;

Only when you need to apply for a house transfer can you apply for a repayment mortgage. The process is as follows:

1. Sign a loan contract at the bank

2. Apply after the bank has approved the loan. Previous loan repayments

3. After repayment, go to the housing authority to go through the transfer procedures

4. Take out the new property ownership certificate and hand it over to the bank

5 . The bank lends money and the buyer pays the monthly payment

6. The transaction is completed.

Legal Basis

"General Rules for Loans"

Article 32 The borrower shall repay the principal and interest of the loan in full and on time in accordance with the loan contract. The lender shall send a notice of principal and interest repayment to the borrower one week before the expiration of a short-term loan and one month before the expiration of a medium- and long-term loan; the borrower shall prepare funds in a timely manner and repay the principal and interest on schedule. Lenders must promptly issue collection notices for overdue loans and do a good job in collecting the principal and interest of overdue loans. If the loan cannot be repaid within the time limit stipulated in the loan contract, the lender shall impose penalties and interest in accordance with regulations; if the loan cannot be repaid or cannot implement the repayment of principal and interest, it shall urge the repayment or prosecute in accordance with the law. The borrower must negotiate with the lender to repay the loan early.

Civil Code

Article 543 The parties may modify the contract if they reach consensus through consultation.

Article 544 If the parties’ agreement on the content of the contract modification is unclear, it is presumed that the contract has not been modified.

Article 217: The real estate ownership certificate is proof that the obligee enjoys the property rights of the real estate. The matters recorded in the real estate ownership certificate shall be consistent with those in the real estate registration book; if the records are inconsistent, the real estate registration book shall prevail unless there is evidence to prove that there is an error in the real estate registration book.